HomeMy WebLinkAbout02 012 agree tax equity cons
e
e
e
e
THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2002 -12
A BY-LAW TO AUTHORIZE THE SIGNIN' OF
AN AGREEMENT WITH .
MUNICIPAL TAX EQUITY CONSUL T ANT~ INC.
!
WHEREAS the Council for The Municipality of Kincardine dee s it advisable to
enter into an Agreement with Municipal Tax Equity Consultants nc.
AND WHEREAS this Agreement provides the Municipality to re in the services
of the Municipal Tax Equity Consultants Inc. to perform a valuat on audit of the
Bruce Nuclear Power Plant; i
I
NOW THEREFORE the Council for The Corporation of thþ Municipality of
Kincardine ENACTS as follows: I
1. That the Corporation of the Municipality of Kincardine enter irto an agreement
with Municipal Tax Equity Consultants Inc. i
I
2. That the Mayor and Treasurer be authorized to sign, ~n behalf of The
Corporation of the Municipality of Kincardine, the Agreem nt with Municipal
Tax Equity Consultants Inc. attached to this by-law and to ffix the corporate
seal as and when required. !
3. This By-law shall come into full force and effect upon its fina~ passage.
4. This By-law may be cited as the "Municipal Tax EqUity Consultants Inc.
Agreement, By-law". i
!
READ a FIRST, SECOND, and THIRD time and DEEMED TO ~E PASSED this
13th day of February, 2002. !
i
!
..
C
\ ~
.:.- '..' 1
.
~
.
"
AGREEMENT
DATED the 10'th of December, 2001
BETWEEN:
MUNICIPAL TAX EQUITY CONSULTANTS INC.
(hereinafter referred to as the "Corporation")
- and-
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter referred to as the "Municipality")
WHEREAS The Municipality desires to retain the services of the Corporation to perform
a valuation audit of the Bruce Nuclear Power Plant, subject to the terms, and conditions
and covenants herein provided.
1.
Engagement
The Municipality agrees to retain the Corporation and the Corporation agrees to provide
the services hereinafter described to the Municipality for the period in paragraph 7
hereof.
2. Services
During the term hereof, the Corporation agrees to provide to the Municipality services,
as requested from time to time by the Treasurer of the Municipality, or her designate in
regard to property assessment issues, as detailed on Schedule "A" attached hereto
(hereinafter referred to as the ·Services").
3. Additional Services
From time to time, the Municipality may request the Corporation's advice and
assistance in areas beyond the Services. Any such additional work must be requested,
in writing, by the Treasurer of the Municipality, or her designate. Once requested by the
Treasurer, the advice and assistance so provided by the Corporation to the Municipality
in that regard shall be deemed to be part of the Services, and from time to time will be
incorporated as additional Schedules to the Agreement.
"
'\
,
.
,
.
,
"4
4. Compensation
Compensation for the Services will be on an hourly fee basis at the following rates:
Senior Consultant $125.00 - $225.00 I hour
AssessmentlTax Advisor $75.00 - $100.00 I hour
Research Assistant $50.00 - $65.00 I hour
Support Staff $35.00 - $45.00 I hour
Plus disbursements
5. BIlling
(a) Goods and services tax shall be charged by the Corporation on the Services and
the expenses.
(b) The Municipality shall pay the amounts due the Corporation on the said invoices
within 30 days after receipt thereof.
6. Time Devoted to Work
The services and the hours necessary for the performance of the services will be
entirely within the Corporation's control and the Municipality will rely upon the
Corporation to expend such efforts as are reasonably necessary to fulfill the spirit and
purpose of this Agreement.
7. Term
The term of this agreement shall commence on the date hereof and shall continue until
the services in Section 2 are provided.
8. Renewal
N/A
9. Cancellation
N/A
10. Confidentiality
The Corporation acknowledges that during the performance of the Services, certain
confidential information relating to the affairs of the Municipality, its elected officials,
employees or taxpayers may be obtained by the Corporation. The Corporation agrees
to protect the confidentiality of such confidential information obtained and, upon the
termination of this agreement for any reason whatsoever, the Corporation agrees not to
make public, or disclose to any third party, any such confidential information. The
Corporation further acknowledges execution of a confidentiality agreement and agrees
to be bound by those terms.
2
..
\
.
~I~
11. Responsibility for information
The Municipality acknowledges and agrees that the Corporation assumes no
responsibility for the accuracy of the information supplied by any outside source
including, but not limited to: the Municipality; other local municipalities; Assessment
Review Board; Ontario Municipal Board; Ontario Property Assessment Corporation
(OPAC); On-line Property Tax Analysis (OPTA); Ministry of Municipal Affairs &
Housing; Ministry of Finance, Reamined Systems Inc.
12. Relationship of the Parties
The parties intend that the relationship created between them hereby is that of
independent contractors. The Corporation is retained by the Municipality only for the
purposes and to the extent set forth in this agreement. The Corporation is not to be
considered the Municipality's agent or any employee of the Municipality's for any
purpose.
13. Assistance
The Municipality agrees to provide to the Corporation documents and assistance as
.. may reasonably be required by the Corporation in its performance of the Services.
14. New or amendments to legislation or regulations
.
It is understood by the Municipality and the Corporation that the introduction by the
Province of Ontario of new or amendments to legislation or regulations having a direct
affect on the Services may alter the Services to be delivered to the Municipality.
15. Changes to agreement
This Agreement may be amended at any time upon such terms and conditions as are
then acceptable to the parties.
16. No assignment or transfer
This Agreement cannot be assigned or transferred without the written consent of the
parties.
17. Time of Essence
Time shall be of the essence in this agreement.
18. Governing Law
This agreement shall be construed in accordance with the laws of the Province of
Ontario.
3
·
..~.
\ '
·
·
.
"It..!.
.
I
.\
19. Binding Effect
This agreement shall be binding upon the parties hereto and their respective
successors and assigns.
20. Notice
All notices, requests, approvals or other communications (collectively the "Notices")
contemplated by the terms hereof or otherwise to be given by one party to the other
shall be given in writing by personal delivery or by registered mail, postage prepaid or
by facsimile transmission to such other party as follows:
(a) To the Corporation at:
12005 Steeles Avenue
R.R.#3
Georgetown, Ontario
L7G 4S6
Fax No.: 905-878-9092
(b)
To the Municipality at:
Brenda French
Treasurer
The Municipality of Kincardine
707 Qwee" GtFeet 1'f7!' s~
Kincardine, Ontario
~J2Z 1Z9 N()..t:: IRS
ec...~.... s'3'""" , ¡.f. 1fS- kI
I{
Fax No.: 519-396-8288
or such other address as may be given by such party to the other in writing from time to
time.
All such notice shall be deemed to have been received when delivered or transmitted,
or, if mailed, 48 hours at 12:01 a.m. on the day following the day of the mailing thereof.
If any notice shall have been mailed and if regular mail service shall be interrupted by
strikes or other irregularities, such notice shall be deemed to have been received 48
hours after 12:01 a.m. on the day following the resumption of normal mail service,
provided that during the period that regular mail service will be interrupted, all Notices
shall be given by personal delivery or by facsimile transmission.
4
. ~...
"
, .
.i
21. Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to the
. subject matter hereof.
22. Headings
This agreement shall be construed as a whole in accordance with its fair meaning.
Captions and headings are for reference only and should not be used to construe the
meaning thereof.
23. Further Assurances
The parties hereto agree to execute such other and further documents as may be
necessary or proper in order to consummate or give effect to the transactions
contemplated by this agreement.
AS WITNESS, the due execution by the parties under seal as of the date first written
above.
.
MUNICIPAL TAX E
.
, .
'.
Per:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
.
Ç?::"",.b-- 42.... ~ +~
Name
Mayor _ >
'~
,.,-r t' 't. f L<-r~Y
'.
Title
Title
5
,
.. I
.- < . ..'
, ~...
"
.
SCHEDULE "A"
SERVICES
MTE will also provide to the Municipality the following services in regard to
peñormlng a Valuation Audit of the Bruce Nuclear Power Facility:
1. Review cost cards as to accuracy of calculations (square footage), building
classifications, rates applied, correct depreciation;
2.
3.
, 4.
5.
Review tally sheets in comparison to the above cost cards;
Comparison of both the cost cards and tally sheet information to the site diagram
supplied by municipal staff;
Create independant tally sheet to manipulate figures;
Determine if the $86.111 sq. m. regulated rate is applied correctly and if not,
revise the tally sheets accordingly;
6. Establish the correct tax classification breakdown in accordance to the site
diagram information;
7. Calculate inside measurements (where possible) of all applicable $86.11/sq. m.
buildings;
8. Meeting to discuss results and fine tune data;
9. Prepare final report
.
RESPONSIBILITY FOR INFORMATION
The Municipality acknowledges and agrees that MTE assumes no responsibility for the
accuracy of the information supplied by others including the Municipality and the
Municipal Property Assessment Corporation (MPAC). It is further acknowledged that
6
'Or 1, ~......
..... ~ <t ~
", ~.
.. ' '" ~:
.
-
.
MTE will not have had the opportunity to inspect the facility or question a
knowledgeable representative of the facility.
The following items are necessary to complete the above project as accurately and
efficiently as possible:
1. 1996 tally sheets - the most recent copy showing the omit value for the
retainment wall, other missing structure and the new office buildings;
2. 1996 cost cards relating to the above tally sheets;
3. Stranded debt tally sheets relating to all the above;
4. Site diagram showing the applied acreages for the excess land calculations, the
acreages used for business etc.
..
7